Professional Documents
Culture Documents
United States Court of Appeals Third Circuit
United States Court of Appeals Third Circuit
2d 510
Rule 52(a), Federal Rules of Civil Procedure, expressly requires that "in
granting or refusing interlocutory injunctions the court shall * * * set forth the
findings of fact and conclusions of law which constitute the grounds of its
action." Similarly, Rule 65(d) provides that "[e]very order granting an
injunction and every restraining order shall set forth the reasons for its
issuance." The appellee argues that the present order is merely a "stay" and
therefore, is not covered by the quoted rules. We find it clear on the face of the
order that it is an injunction issued without compliance with the controlling
rules.
3
The order will be vacated and the cause remanded for further proceedings
consistent with this opinion.